VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01919
Package ID: USCOURTS-cofc-1_17-vv-01919
Petitioner: Tracy McCormick
Filed: 2017-12-11
Decided: 2021-11-17
Vaccine: Tdap
Vaccination date: 2016-08-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
Tracy McCormick filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she sustained a shoulder injury related to vaccine administration (SIRVA) as a result of the tetanus-diphtheria (Tdap) vaccination she received on August 11, 2016. She further alleged that she experienced residual effects of her injury for more than six months. The parties filed a stipulation for award, agreeing that Petitioner should receive compensation. Respondent denied that the Tdap vaccine caused or aggravated Petitioner's left shoulder injury or that she sustained a SIRVA Table injury. Nevertheless, the parties stipulated to an award of $170,000.00 as compensation for all damages available under the program. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered in accordance with the stipulation. The award was intended to cover all damages, including pain and suffering and any other losses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01919-0
Date issued/filed: 2021-11-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/4/2021) regarding 58 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:17-vv-01919-UNJ Document 62 Filed 11/17/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 4, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
TRACY MCCORMICK, * No. 17-1919V
*
Petitioner, * Special Master Sanders
v. *
* Stipulation for Award; Tetanus-
SECRETARY OF HEALTH * Diphtheria (“Tdap”) Vaccine;
AND HUMAN SERVICES, * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Althea W. Davis, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On December 11, 2017, Tracy McCormick (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that she sustained a shoulder injury related to
vaccine administration (“SIRVA”), or alternatively, significantly aggravated a pre-existing
condition, resulting from the adverse effects of the tetanus-diphtheria (“Tdap”) vaccination she
received on August 11, 2016. Id.; see also Stip. at 1, ECF No. 57. Petitioner further alleged that
she experienced the residual effects of her injury for more than six months. Stip. at 1.
On November 2, 2021, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent “denies that
[P]etitioner’s alleged left shoulder injury or any other injury or condition was caused or
significantly aggravated by her receipt of the Tdap vaccine[.]” Id. Respondent “further denies that
[P]etitioner sustained a SIRVA Table injury.” Id. Nevertheless, the parties agree to the joint
stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the
decision of the Court in awarding damages, on the terms set forth therein.
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to
the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction
“of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance
and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-01919-UNJ Document 62 Filed 11/17/21 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $170,000.00 in the form of a check payable to
[P]etitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
Id.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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